H.B. 179

This document includes House Committee Amendments incorporated into the bill on Tue,
Mar 3, 2009 at 10:20 AM by jeyring. -->
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STATE-OWNED LAND AMENDMENTS

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2009 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Kerry W. Gibson

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Senate Sponsor:
Curtis S. Bramble

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LONG TITLE
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General Description:
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This bill modifies a provision relating to specified critical land.
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Highlighted Provisions:
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This bill:
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. modifies the definition of "critical land" to include a parcel for which part of the
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land is exchanged;
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. authorizes the Department of Natural Resources to exchange a portion of a critical
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land parcel if certain conditions are met; and
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. authorizes the Division of Facilities Construction and Management to H. [
donate
]
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exchange .H certain
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land it owns to a public transit district for a specified purpose.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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63A-5-222, as last amended by Laws of Utah 2008, Chapter 250
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ENACTS:
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63A-5-223, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63A-5-222
is amended to read:
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63A-5-222. Critical land near state prison -- Definitions -- Preservation as open
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land -- Management and use of land -- Restrictions on transfer -- Wetlands development
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-- Conservation easement.
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(1) For purposes of this section:
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(a) "Corrections" means the Department of Corrections created under Section
64-13-2
.
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(b) "Critical land" means:
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(i) a parcel of approximately 250 acres of land owned by the division and located on
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the east edge of the Jordan River between about 12300 South and 14600 South in Salt Lake
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County, approximately the southern half of whose eastern boundary abuts the Denver and Rio
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Grande Western Railroad right-of-way[.]; and
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(ii) any parcel acquired in a transaction authorized under Subsection (3)(c) as a
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replacement for a portion of the parcel described in Subsection (1)(b)(i) that is conveyed as part
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of the transaction.
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(c) (i) "Open land" means land that is:
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(A) preserved in or restored to a predominantly natural, open, and undeveloped
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condition; and
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(B) used for:
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(I) wildlife habitat;
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(II) cultural or recreational use;
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(III) watershed protection; or
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(IV) another use consistent with the preservation of the land in or restoration of the
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land to a predominantly natural, open, and undeveloped condition.
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(ii) (A) "Open land" does not include land whose predominant use is as a developed
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facility for active recreational activities, including baseball, tennis, soccer, golf, or other
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sporting or similar activity.
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(B) The condition of land does not change from a natural, open, and undeveloped
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condition because of the development or presence on the land of facilities, including trails,
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waterways, and grassy areas, that:
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(I) enhance the natural, scenic, or aesthetic qualities of the land; or

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(II) facilitate the public's access to or use of the land for the enjoyment of its natural,
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scenic, or aesthetic qualities and for compatible recreational activities.
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(2) (a) (i) The critical land shall be preserved in perpetuity as open land.
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(ii) The long-term ownership and management of the critical land should eventually be
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turned over to the Department of Natural Resources created under Section
63-34-3
or another
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agency or entity that is able to accomplish the purposes and intent of this section.
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(b) Notwithstanding Subsection (2)(a)(i) and as funding is available, certain actions
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should be taken on or with respect to the critical land, including:
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(i) the development and implementation of a program to eliminate noxious vegetation
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and restore and facilitate the return of natural vegetation on the critical land;
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(ii) the development of a system of trails through the critical land that is compatible
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with the preservation of the critical land as open land;
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(iii) the development and implementation of a program to restore the natural features of
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and improve the flows of the Jordan River as it crosses the critical land;
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(iv) the preservation of the archeological site discovered on the critical land and the
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development of an interpretive site in connection with the archeological discovery;
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(v) in restoring features on the critical land, the adoption of methods and plans that will
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enhance the critical land's function as a wildlife habitat;
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(vi) taking measures to reduce safety risks on the critical land; and
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(vii) the elimination or rehabilitation of a prison dump site on the critical land.
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(3) (a) Except as provided in [Subsection] Subsections (3)(b) and (c), no interest in the
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critical land may be sold, assigned, leased, or otherwise transferred unless measures are taken
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to ensure that the critical land that is transferred will be preserved as open land in perpetuity.
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(b) Notwithstanding Subsection (3)(a), exchanges of property may be undertaken to
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resolve boundary disputes with adjacent property owners and easements may be granted for
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trails and other purposes consistent with Subsection (2)(b) and with the preservation of the
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critical land as open land.
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(c) The Department of Natural Resources may transfer title to a portion of the critical
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land described in Subsection (1)(b)(i) in exchange for a parcel of land if:
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(i) the parcel being acquired is:
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(A) open land; and

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(B) located within one mile of the portion of critical land being transferred; and
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(ii) the purpose of the exchange is to facilitate the development of a commuter rail
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transit station and associated transit oriented development.
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(4) The division shall use the funds remaining from the appropriation under Laws of
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Utah 1998, Chapter 399, for the purposes of:
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(a) determining the boundaries and legal description of the critical land;
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(b) determining the boundaries and legal description of the adjacent property owned by
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the division;
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(c) fencing the critical land and adjacent land owned by the division where appropriate
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and needed; and
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(d) assisting to carry out the intent of this section.
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(5) (a) Notwithstanding Subsection (2)(a)(i), the division or its successor in title to the
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critical land may develop or allow a public agency or private entity to develop more wetlands
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on the critical land than exist naturally or existed previously.
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(b) (i) Subject to Subsections (3)(a) and (5)(b)(ii), the division or its successor in title
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may transfer jurisdiction of all or a portion of the critical land to a public agency or private
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entity to provide for the development and management of wetlands and designated wetland
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buffer areas.
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(ii) Before transferring jurisdiction of any part of the critical land under Subsection
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(5)(b)(i), the division or its successor in title shall assure that reasonable efforts are made to
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obtain approval from the appropriate federal agency to allow mitigation credits in connection
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with the critical land to be used for impacts occurring anywhere along the Wasatch Front.
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(6) Notwithstanding any other provision of this section, corrections shall have access to
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the cooling pond located on the critical land as long as that access to and use of the cooling
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pond are not inconsistent with the preservation of the critical land as open land.
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(7) The Department of Corrections, the division, and all other state departments,
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divisions, or agencies shall cooperate together to carry out the intent of this section.
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(8) In order to ensure that the land referred to in this section is preserved as open land,
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the division shall, as soon as practicable, place the land under a perpetual conservation
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easement in favor of an independent party such as a reputable land conservation organization or
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a state or local government agency with experience in conservation easements.

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Section 2.
Section
63A-5-223
is enacted to read:
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63A-5-223. Authority to donate land for commuter rail station and related
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development.
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The division may H. [
donate
] transfer title to .Ha parcel of land it owns in a county of
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the first class to a public
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transit district for the purpose of facilitating the development of a commuter rail transit station
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and associated transit oriented development if H. :
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(1) .Hthe parcel is within one mile of the proposed
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commuter rail transit station and associated transit oriented development H. [
.
] ; and
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(2) the division receives in return fair and adequate consideration. .H